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​Finding the Match in the Haystack Before it Lights Up the West Again: A Call to Congress to Create a Wildfire Commission

4/16/2018

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Finding the Match in the Haystack Before it Lights Up the West Again: A Call to Congress to Create a Wildfire Commission
 
By Kelly Brantzi*
 
Kelly Brantzi is a 3L at Vermont Law School where she is a Managing Editor on the Vermont Journal of Environmental Law. This post is part of the Environmental Law Review Syndicate.

Introduction

The summer of 2017 set the West on fire, both physically and politically. By early September, the Western states had 65 fires burning at once.[1] As millions of acres burned—along with the U.S. Forest Service’s (USFS) budget—lawmakers gathered in Congress to create a “fire funding fix.”[2] Summer 2018 will likely be no different—even after the celebrated passage of the bipartisan 2018 Omnibus spending bill focused on new budget appropriations for wildfire suppression and prevention.[3] Argued here, the USFS’s budgeting problem represents only one straw in a dry, hot haystack.
​

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Parsing Rapanos

4/7/2018

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​​By Wade Foster, J.D. Candidate, University of Virginia, Managing Editor of Virginia Environmental Law Journal
​This post is part of the Environmental Law Review Syndicate.
 
I. Introduction
            On January 31, 2018, the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) finalized a rule delaying implementation of the Obama-era Clean Water Rule until February, 2020.[1] The Clean Water Rule had attempted to clarify the definition of “waters of the United States” and the boundaries of federal jurisdiction under the Clean Water Act (“CWA”).[2] Now, with implementation of the Clean Water Rule delayed, we return to a world where federal jurisdiction under the CWA is governed by the Supreme Court’s fractured opinion in Rapanos v. United States.[3]

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    About the ELRS:

    The Environmental Law Review Syndicate (ELRS) is a collaborative effort of the nation’s leading environmental law journals that provides an outlet for student scholarship and fosters academic. ELRS operates as a cooperative syndicate: each week a different student submission is selected for publication on the websites of all member law reviews. ​

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